LESSON PLAN

TITLE: Human Rights Issues in Investigation with

Case Analysis

COURSE: Criminal Investigation Course

MODULE: 1 (General Subjects)

LESSON PLAN NUMBER: 7

TARGET AUDIENCE: Investigators and personnel assigned in

Investigation Offices/Units. Preferably with the
rank of PO1-PO3

DATE AND VENUE: As scheduled

TIME ALLOCATED: 6 Hours

LEARNING AIDS REQUIRED: Computer/Laptop, LCD Projector, PA System,

DVD/CD/Flash Disc (Quirino Grandstand
Hostage Crisis),White Board and White Board
Marker

PARTICIPANTS EQUIPMENT REQUIRED: Ball Pin, Notebook, Manila Paper, Yellow

paper, Marker/Color Pin

TRAINING REFERENCES USED: Administrative Order 249, Anti Torture Law RA

9745), Charter of the United Nations,
International Covenant on Civil and Political
Rights, International Covenant on Economic,
Social and Cultural Rights, LOI 55/07
Pamana, Philippine Act on Crimes Against
International Humanitarian Law, Genocide, and
Other Crimes Against Humanity (R.A.
9851),RA 6975/RA 8551,Rules of Criminal
Procedures, Universal Declaration of Human
Rights, United Nations Code of Conduct for
Law Enforcement Officials, United Nations
General Assembly Resolution 34/169, 17
December 1979, 1987 Philippine Constitution,

INTRODUCTION:
This module was designed to empower every police officer particularly the police
investigators who are participants of this training regarding the significant role of
promoting Human Rights tailored to criminal investigations with competence and
professionalism.
The salient topics incorporated in this module are: 1) Legal and Regulatory
Framework; 2) International Humanitarian Law (RA 9851) Law on Armed Conflict; 3)
Anti-Torture Law (RA 9745); 4) Rights of the Persons Arrested, Detained and Under
Custodial Investigation (RA 7438); 5) Guidelines and Policies of PNP on Human Rights
(Rights-Based Policing); and 6) Case Analysis/Studies.
The participants will be evaluated through case analysis and graded accordingly
base on their group presentation. Further, there is an open forum to clarify salient topics
and issues on promoting Human Rights in the police service.
 In these regards, the PNP is in great perspective that this module will have
pertinent impact to its clientele (community) to share their efforts in promoting Human
Rights in order to attain a just, humane and harmonious society.

LEARNING GOAL:
This aims the participants to empower on Human Rights issuances and concerns
relating to criminal investigations so that they will instill such discipline and practice
when rendering police service.

LEARNING OBJECTIVES:
At the end of this module the participants will be able to:
1. Define by heart Human Rights, Service, Honor, Justice, Professionalism,
Rights-Based Policing, and Value of Human Dignity;
2. Instill and practice the imperative value of Human Rights relating to:
a) Legal and Regulatory Framework;
b) International Humanitarian Law;
c) Anti-Torture Law;
d) Rights of the Persons Arrested, Detained and Under Custodial
Investigation;
e) Guidelines and Policies of PNP on Human Rights (Rights-Based Policing);
f) Lessons Learned Based on Case Analysis/Studies.
3. Integrate Human Rights in their daily lives (work and home) and be among its
advocates; and
4. Device changes and innovations to promotes Human Rights in the police
service to bridge the gap on its violations based on related cases/studies which are
commonly violated or lapses made by police officers, members of the AFP and other
law enforcement agencies in the performances of their sworn duties.

SESSIONS:

A. The United Nations

The United Nations Organization (UNO) or simply the United Nations (UN) is an
International Organization whose stated aims are facilitating cooperation in international
law, international security, economic development, social progress, human rights, and
achievement of world peace.
Human Rights -Those rights, which are inherent in our nature and without which
we cannot live as human beings
Basic Characteristics of Human Rights:
Cannot be taken away
Equal and interdependent
Internationally guaranteed
Legally protected
Universal
Oblige State & State Actors

B. The Universal Declaration of Human Rights

C. International Covenant on Civil and Political Rights (ICCPR)

D. 1987 Philippine Constitution
The State values the dignity of every human person and guarantees full respect
for human rights. (Sec. 11, Art. II, Philippine Constitution)
Section 17 creation of Commission on Human Rights
Section 19 - The Congress may provide for other cases of violations of human
rights that should fall within the authority of the Commission, taking into account its
recommendations.

E. Bill of Rights (Article III, Bill of Rights, 1987 Philippine Constitution)

Section 1 - No person shall be deprived of life, liberty, or property without due

process of law, nor shall any person be denied the equal protection of the laws.
Section 2 - The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be seized.
Section 3
1. The privacy of communication and correspondence shall be inviolable except
upon lawful order of the court, or when public safety or order requires otherwise, as
prescribed by law.
2. Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.
Section 4 - No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble and
petition the government for redress of grievances.
Section 5 - No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be allowed.
No religious test shall be required for the exercise of civil or political rights.
Section 6 - The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court. Neither
shall the right to travel be impaired except in the interest of national security, public
safety, or public health, as may be provided by law.
Section 7 - The right of the people to information on matters of public concern
shall be recognized. Access to official records, and to documents and papers pertaining
to official acts, transactions, or decisions, as well as to government research data used
as basis for policy development, shall be afforded the citizen, subject to such limitations
as may be provided by law.
Section 8 - The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not contrary to
law shall not be abridged.
Section 9 - Private property shall not be taken for public use without just
compensation.
Section 10 - No law impairing the obligation of contracts shall be passed.
Section 11 - Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of poverty.
 Section 12
1. Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.
2. No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.
3. Any confession or admission obtained in violation of this or Section 17 hereof
shall be inadmissible in evidence against him.
4. The law shall provide for penal and civil sanctions for violations of this section
as well as compensation to the rehabilitation of victims of torture or similar practices,
and their families.
Section 13 - All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable
by sufficient sureties, or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
Section 14
1. No person shall be held to answer for a criminal offense without due process
of law.
2. In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused: Provided that he has been duly notified and his failure to appear is
unjustifiable.
Section 15 - The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion, when the public safety requires it.
Section 16 - All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.

Section 17 - No person shall be compelled to be a witness against himself.

Section 18
1. No person shall be detained solely by reason of his political beliefs and
aspirations.
2. No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duly convicted.
Section 19
1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. .
Section 20 - No person shall be imprisoned for debt or non-payment of a poll
tax.
Section 21 - No person shall be twice put in jeopardy of punishment for the
same offense. If an act is punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.
 Section 22 - No ex post facto law or bill of attainder shall be enacted.

F. Dynamics of Human Rights

International HR
Instruments
When a State Ratifies
HUMAN RIGHTS TREATIES a Convention, it has
ICERD
ICCPR the Obligation to:
ICESCR United
CEDAW Nations 1. PROTECT;
CAT Standards 2. RESPECT;
MWC (Declarations) and
CRC 3. FULFILL the rights
enshrined therein.

G. PHILIPPINE ACT ON CRIMES AGAINST INTERNATIONAL HUMANITARIAN

LAW, GENOCIDE, AND OTHER CRIMES AGAINST HUMANITY (R.A. 9851)
(signed into law on December 11, 2009)

Salient Features of IHL

War Crimes, Genocide, And Other Crimes Against Humanity In Both
Crimes International & Non-International Armed Conflict (Insurgency Is
Included)
INDIVIDUAL CRIMINAL RESPONSIBILITY BY PRINCIPALS by
participation, inducement, indispensable cooperation
Offenders: INDIVIDUAL CRIMINAL RESPONSIBILITY BY ACCOMPLICES by
State actors and non- facilitating the commission of the crime
state actors
COMMAND RESPONSIBILITY superior is penalized as principal;
responsibility not limited to immediate superior
PRISION MAYOR ( 6-10 years imprisonment ) up to RECLUSION
Penalties
PERPETUA (Life Imprisonment) depending on gravity and result of
torture
NON-PRESCRIPTION OF CRIMES
IRRELEVANCE OF OFFICIAL CAPACITY; applies to all persons
Other Features whether state or non-state actor
Seeks to protect people who are not part of, or no longer taking part in
hostilities or armed conflict

COMPARISON
INTERNATIONAL HUMANITARIAN LAW,
ANTI TORTURE LAW (RA 9745) GENOCIDE, AND OTHER CRIMES AGAINST
HUMANITY (R.A. 9851)
Only State Actors are Liable Both State and Non-State Actors are Liable
With Prescription? (will depend on IRR) No Prescription Period
With Protection, Compensation Clause for With Protection, Compensation Clause
Victims and Witnesses for Victims and Witnesses
With Individual, Superior, and Command With Individual and Command Responsibility
Responsibility (not limited to immediate superior)
No Amnesty for Convicted Torturers
H. AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND
DEGRADING TREATMENT OR PUNISHMENT (R.A. 9745)
(signed into law on November 10, 2009)

Salient Features of Anti-Torture Law

Types of Torture Physical Mental/ Other Cruel, Inhuman,
Psychological Degrading Acts
INDIVIDUAL RESPONSIBILITY as Principal, Accomplice or Accessory
SUPERIOR RESPONSIBILITY Immediate superior held liable as
Offenders: principal
State actors only
COMMAND RESPONSIBILITY Immediate superior of unit is
administratively

Penalties ARRESTO MAYOR (1-6 months imprisonment) up to RECLUSION

PERPETUA (Life Imprisonment) depending on gravity & result of torture

All persons arrested, detained, or under investigation have right to

physical, medical and psychological examination before and after
interrogation
Torture is a separate & independent crime --- not absorbed by any other
Other Features crime or felony committed as a consequence or as a means in the conduct
or commission thereof
No amnesty for those convicted of torture
Seeks to protect all persons under custody of police, military, intelligence
units, other agencies in security sector

What is Torture?
1. An act by which severe pain or suffering, whether physical or mental, is
inflicted on a personto obtain from him / her or a third person information or
confession;
2. It is a punishment or ill-treatment for an act that he/she or a third person has
committed or is suspected of having committed;
3. Or intimidating or coercing him/her or a third person for any reason based on
discrimination of any kind.
4. It is committed by a person in authority or by an agent of a person in
authority.
5. It does not include any pain or suffering arising only from, inherent in, or
incidental to lawful sanctions.

I. HUMAN RIGHTS STANDARDS IN ARREST AND DETENTION

Definition of Terms
Arrest an act of apprehending a person for the alleged commission of an
offense or by the action of an authority.
Detention deprivation of personal liberty except as a result of conviction for an
offense.
Detainee person deprived of his/her liberty pending trial (not yet convicted).
Prisoner person deprived of his/her liberty as a result of conviction for an
offense (convicted).
Mandate of the Police
1. Protect human rights.
2. Defend fundamental freedoms.
3. Maintain public order & the general welfare in a democratic society through
policies & practices that are lawful, humane & disciplined.
 Rule of Law
1. Law and order, peace and security are matters of State Responsibility.
2. All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law.

Ethical Standards
Law Enforcement and the maintenance of public order must be compatible with:
1. Respect for, and obedience to, the law;
2. Respect for the dignity of the human person; and
3. Respect for, and protection of, human rights.

Commonly Known and Used Powers:

1. Powers of Arrest and Detention; and
2. Authority to Use Force - where such is necessary for the achievement of
legitimate objectives.

Rights Relating to Arrest - Art 3, UDHR and Art 9, ICCPR

1987 Constitution, Rules of Criminal Procedures
RA 7438 and RA 9745
1. Right to liberty and security of person and to freedom of movement
2. Prohibition of arbitrary arrest
3. Requirement of legal grounds and procedures
4. Right to be informed of reasons at time of arrest and to be promptly informed
of any charges
5. Right to be brought promptly before the judge
6. Right to judicial determination of legality of arrest/detention, and to release
where so decided
7. Right to trial within reasonable time or release
8. Right to adequate access to a lawyer
9. Right not to confess or testify against oneself
10. Right to an interpreter where necessary
11. Prompt notification of family

The Treatment of Detainees- Art 3, UDHR and Art 9, ICCPR

1987 Constitution, Rules of Criminal Procedures,
RA 7438 and RA 9745
1. Presumption of innocence
2. Humane treatment and respect inherent dignity of human person
3. Absolute prohibition of torture and cruel, inhuman or degrading treatment or
punishment
4. Prohibition of violence or threats
5. Respect for religious and moral beliefs
6. Respect for the special status and rights of women and juveniles
7. Prohibition on taking advantage of a detainees situation to force confession
or self - incrimination

The Facilities for Detention- Art 3, UDHR and Art 9, ICCPR

1987 Constitution, Rules of Criminal Procedures,
RA 7438 and RA 9745
1. Officially recognized places of detention only
2. Humane and healthy
3. Adequate shelter, clothing, food and water
4. Adequate medical services
5. Adequate exercise facilities and opportunities
6. Adequate items and facilities for personal hygiene
J. GUIDELINES AND POLICIES OF PNP ON HUMAN RIGHTS
(RIGHTS-BASED POLICING)

Perception about Human Rights

Some in the PNP believe that Human Rights are
1. Propaganda used by enemies of the state against the government.
2. Used by some sectors to blame and harass the police / military even if we are
only doing our job.
3. Only protect anti-government activists and do not benefit the PNP and AFP.
4. Hindrance to military & police operations; it is an obstacle to mission
accomplishment.

Bakit negatibo ang pananaw ng ibang pulis tungkol sa Human Rights ... at bakit
mayroong mga Alleged Human Rights Violations?
Dahil kaya....
1. Kulang pa tayo ng kaalaman tungkol sa human rights?
2. Mas maraming kaalaman yung kabila tungkol sa human rights kaya
nagagamit nila ito laban sa atin?
3. Kulang pa tayo sa professional competency at may hindi tayo sinusunod na
procedure o proseso?

We Need a Change in Perception

Human Rights Law Enforcement
Leftist
Anti-Leftist
Anti-PNP / Anti-Govt
Always Use Aggressive Methods & Tactics
Being Soft on Crime
Use Any and Every Method to Accomplish the Mission
Obstacle to Mission

Paradigm Shift
Human Rights
Peace and Order Life, Liberty, and Freedom
Rule of Law Socio-Economic Progress
Justice and Equality Education
Sustainable Development
Violence Slavery
Crime Oppression
Injustice and Inequality Poverty and Ignorance
Discrimination Destruction of Environment
Human Wrongs

Human Rights in Law Enforcement

1. We are all human. All of us have human rights.

2. Power and authority of government/PNP comes from the people.
3. We must uphold human rights to prevent abuse of power & authority.
4. PNP as Human Rights Protector
5. PDG RAUL M BACALZO, Chief, PNP
Statements in the promotion of Human Rights

The protection of human rights is the most basic of police functionsOur

service must be results-oriented and responsive to our peoples needs. We must define
our targets in ways that we can measure...and one of our measurements will be our
level of knowledge, understanding, and protection of human rights.
Anatomy of Human Rights Violations

Follow Police Operations successful

Operational Crime prevented / solved
Procedures Prosecution successful
Peace & order maintained
Police are
Professional Mission Accomplished
& Competent

Mandate: Police
Laws & Enforce Operations/
Statute the Law Interventions
s
Police are
Unprofessional Mission Failed
& Incompetent

Police Operational lapses occur

Operational Abuse of authority
Procedures are Criminal prosecution fails
Not Followed Laws & Human Rights
are violated

Root Causes of Human Rights Violations

Sample Cases / Incidents

Alleged Human Rights Violations
Incident / Case
/ Operational Lapses
Defective warrant?
1. Morong 43 Case Illegal arrest, detention, and torture?
(August 2010) No basis for detention in military camp?
Deficiency in PNP-AFP coordination re- custody & detention of
Morong 43?
2. Quirino Grandstand Hostage-
Poor crowd control and handling of media?
Taking
Ill-prepared, ill-equipped swat?
(August 2010)
Violation of rule 14 on arrest & rule 15 on custodial investigation,
3. Alleged Asuncion PCP Torture pop (2010 ver.)
Case Violation of R.A. 7438 rights of persons arrested, detained or
(Binayug Case) under investigation
August 2010 Violation of RPC art. 235 maltreatment of prisoners
Violation of bill of rights, phil. Constitution
violation of R.A. 9745 anti-torture law
4. Edsa-nia Shootout
Violation of rule 7 on use of force, pop (2010 ver.)
(February 2009)
5. Trina Etong Case Arrested persons not informed of their rights
(April 2009) Violation of rule 14 on arrest, pop (2010 ver.)
6. Paraaque Shootout Violation of rule 7 on use of force, pop (2010 ver.)
(December 2008) No proper planning, debriefing
Violation of rule 14 on arrest & rule 15 on custodial
7. Hamja Case
investigations pop (2010 ver.)
(December 2008)
No proper documentation of detained person
Violation of RPC art. 235 maltreatment of prisoners
8. Paraaque Shootout
Bridging the Gap

Mission Accomplished
Criminals Arrested / Convicted
Crime Solved
Victims get justice
Human lives are saved
Laws are properly enforced
Peace & Order is maintained
Tools to Bridge the Gap
Professionalism
Education & Training
Policies & Plans
Human Rights Principles & Practices
What happens when we dont bridge the gap?
Justice delayed, justice denied.
The PNP Loses Trust & Confidence of the Community
PNP / Government Suffers from Criticism From Media & Other Sectors;
Our Relations with the International Community Is Affected.
Human Rights Violations are Committed.
We could face Criminal & Administrative Charges; end of Police Career.
How do we bridge the gap?
Professionalism
Competency
Human Rights Principles & Practices

K. Rights-Based Policing
1. What is Rights-Based Policing?
Comprehensive, systematic, institutional compliance with international and
national human rights standards in policing or law enforcement in police doctrines,
policies, plans, operations, methods and tactics.

a) In rights-based policing, Citizens are CLAIM-HOLDERS whose rights must

be respected and protected by the police.
b) In rights-based policing, Police Officers are DUTY-HOLDERS with
obligations to respect, protect and fulfill human rights.
c) To RESPECT human rights is to avoid interfering with the enjoyment of
peoples rights.
d) To PROTECT human rights is to implement laws that provide equal
protection to all persons from human rights violations by State / Non-State Actors.
e) To FULFILL human rights is to establish institutions and implement
systems, mechanisms, and procedures that enable people to claim and enjoy their
rights.
f) Emphasis on professionalism, competency, and prompt & courteous
service to citizens.

2. Basic International Human Rights Standards for Law Enforcement

a) Everyone is entitled to equal protection of the law without discrimination on
any grounds.
b) Treat all victims of crime with compassion and respect; protect their safety
and privacy.
 c) Do not use force except when strictly necessary, and only to the minimum
extent necessary.
d) Avoid use of force when policing unlawful but non-violent assemblies.
e) Lethal force should not be used except when strictly unavoidable in order
to protect your life or the lives of others.
f) Arrest of persons must be done only on legal grounds, and carried out
according to lawful arrest procedures.
g) Ensure all detainees have immediate access to their family, lawyer, and
any necessary medical care.
h) All detainees must be treated humanely. Do not inflict, instigate, or tolerate
any act of torture or ill-treatment, in any circumstances --- and refuse any order to do so.
i) Report all violations of these Basic Standards to your senior officer and to
the Office of the Prosecutor. Do everything you can to ensure steps are taken to
investigate these violations.

3. Characteristics of Right Base Policing

a) Strict observance of police operational procedures.
b) Adherence to international human rights standards for law enforcement.
c) Emphasis on professionalism, competency & courteous service to citizens.
d) Respect for rule of law and civilian supremacy.

4. Why do we need to become a Rights-Based Police Organization?

a) It is Our Duty and Legal Obligation
Article II Declaration of Principles and State Policies 1987
Constitution
The 1987 Philippine Constitution
Administrative Order 249
PDG RAUL M BACALZO, Chief, PNP Statements in the PNPs Rights-
Based Policing
We must revive the virtues of discipline and courtesy, good manners and right
conduct that are the hallmarks of a public servant and essential to being a good citizen.
As an officer of the law, I believe that policing must be anchored on the basic
tenets of Human Rights

5. Human Rights in the PNP

PNP Ethical PNP PNP Code of PNP PNP PNP Badge of PNP Core LOI 55/07
Doctrine Motto Conduct Hymn Pledge Honor Values Pamana
Chapter I To Serve Chapter 3 Bantay I will You have been Makadiyos ...all
Sec. 2: and Para 2: ng love entrusted with Makatao members of
all Protect ...respect for katahimik and the Badge as a Makabayan the PNP
members of the human rights an... serve symbol of your Maka- shall
Philippine as a high PNP God, worthiness as a Kalikasan embrace the
National standard must Lingkod Country police officer... highest
Police shall be maintained ng bayan and to serve and principles of
serve with in the Kriminal People... protect the the universal
utmost performance of aming people from declaration
responsibility, police duties. kalaban whom you of human
integrity, Mamama derive the rights.
morality, yan power and
loyalty, and pagliling authority to
efficiency with kuran enforce the
due respect to laws of the land
human rights without fear or
and dignity as favor
hallmarks of a
democratic
society,
 6. It is one of the Key Result Areas of PNP Integrated Transformation
Program (PNP-ITP)

PNP Integrated
Comprehensive Transformation Program
Police Reforms

11 Key Result Areas

National Policy Police Facilities Human Information &

& Institutional Operations Development Resource Communications
Management Technology
Development

Demo of Reform Reform Public Administrative

Excellence thru Management Management Information & Financial
Anti-Corruption & Advocacy Management
Best Practices

Promotion
of Human Rights

PNP Human Rights

Development Program

7. It has Positive Impact or Benefits to the Police Organization

When we Promote and Protect Human Rights:
We improve public trust and confidence in the PNP. A police-community
relation is improved;
Good police-community relations helps in anti-crime operations peace
and order is maintained;
We avoid criminal / administrative chargesno threat to our career and
source of livelihood;
We maintain a good service reputation & we are respected by the people;
and
We help build a rights-based PNPand protect our own family, friends and
loved ones from abuse and human rights violations.

8. Police as Human Rights Protector

Article I, Code of Conduct for Law Enforcement Officials, United Nations
General Assembly Resolution 34/169, 17 December 1979
Law enforcement officials shall at all times fulfill the duty imposed upon them
by law, by serving the community and by protecting all persons against illegal acts,
consistent with the high degree of responsibility required by their profession.
Eight (8) Articles of the UN Code of Conduct for Law Enforcement
Officials
(1) Perform duty under the law
(2) Respect and safeguard human rights
(3) Use force only when strictly necessary
(4) Respect confidentiality
(5) Forbidden to inflict any act of torture & other cruel treatment
 (6) Safeguard the health of those in custody
(7) Forbidden to commit any act of corruption
(8) Respect the law and this Code
Essential principles in the use of any Power and Authority:
(1) Legality action with legal basis
(2) Necessity action not beyond reasonably necessary to achieve mission
(3) Proportionality - act in proportion to the seriousness of the offense
Ethical and Legal Law Enforcement Conduct
Personal Ethics - moral values and beliefs.
(Personal belief on what is good or bad)
(1) It decides the course of action of individual officer in a given situation.
(2) It can be positively and negatively influenced through S P E A K
(3) Also influenced by peer group pressure
Professionalism
Not just a set of Appearance
Nor just Technical Skill
Set of Internalized Character Strengths and Values
See work as Service to Others
Commitment to excellence of Performance
High Quality Service to Others
Show self-respect in work
Respect for others Rights
Essence of Rights Based Policing
(1) Respect and Protect Human Rights
(2) Rights-based policing - Know and apply HR principles
(3) Rule of law
(4) Legality, Necessity & Proportionality
(5) To Serve and Protect is Human Rights
(6) HR is Competency and Professionalism

L. CASE ANALYSIS

Quirino Grandstand Hostage Crisis

Mechanics:
1. The class will be divided into two (2) group;
2. Each group will choose a leader and presenter, while other members will
contributes on notes-taking and brainstorming of the presentation;
3. The DVD/CD/Flash Disc will play the Quirino Grandstand Hostage Crisis;
4. Discuss among the group and formulates Possible Administrative Interventions
in consonance with your current analysis on Human Rights Issuances and Concerns
that would best remedy the ending of said crisis for about 30 minutes; and
5. Present the report within 10 minutes base on the following parameters:

a. List of Human Rights Violated (Hostage Taker, Hostages, Brother of the

Hostage Taker, Family of the Hostage Taker)
b. Lapses committed by members of Tactical Teams;
c. Lapses of Crisis Management Committee (CMC)
d. Lapses of Overall Commander
e. Lapses of Ground Commander
f. Lapses of Negotiating Team
 g. Possible Administrative Intervention (President, Philippine National Police,
Crisis Management Committee, Local Chief Executive)
h. Possible Problems Encountered by Tactical Teams and Negotiating Team
i. Recommendations
j. Conclusion in consonance with your current analysis on Human Rights
issuances and concerns.

SUMMARY:
The participants were empowered about Human Rights issuances and concerns
and their very essential role in promoting a just, humane and harmonious society. The
knowledge that they gained will serve as foundations in promoting the essence of the
value of Human Rights in their daily lives whether at home or at work with competence
and professionalism.
They were able to instill significant discipline about the following topics: 1) Legal
and Regulatory Framework with quality discussions on United Nations, Sources of
International Human Rights Law, Universal Declaration of Human Rights, International
Covenant on Civil and Political Rights, 1987 Philippine Constitution, Bill of Rights,
Rights and Privileges Enjoyed by the Police Officers and Dynamics of Human Rights; 2)
International Humanitarian Law (RA 9851) Law on Armed Conflict with emphasis on
salient features of International Humanitarian Law, other features concerning IHL and its
comparison between Anti-Torture Law; 3) Anti-Torture Law based on the salient
features of the law, definition, forms of physical torture and other Cruel, Inhuman and
Degrading Treatment or Punishment (CIDTP); 4) Rights of the Persons Arrested,
Detained and Under Custodial Investigation with emphasis on definition of terms,
mandates of the police, rule of law, ethical standards, commonly known and used
powers, rights relating to arrest, treatment of detainees, facilities for detention and
outside contacts for detainees; 5) Guidelines and Policies of PNP on Human Rights
(Rights-Based Policing) with dynamic discussion on perception on Human Rights,
Human Rights in law enforcement, anatomy of Human Rights violations, root causes of
Human Rights violations, bridging the gap and Rights-Based Policing which involved
discussion in definitions, basic International Human Rights Standards for Law
Enforcement, characteristics, importance, role of police as Human Rights protector,
Eight (8) Articles of the UN Code of Conduct for Law Enforcement Officials, essential
principles in the use of any power and authority, ethical and legal law enforcement
conduct, professionalism and the essence of Rights-Based Policing ; and 6) Case
Analysis on the Quirino Grandstand Hostage Crisis.
The participants were graded in a practical exercise based on groups
presentation about case analysis in Quirino Grandstand Hostage Crisis.
Furthermore, an open forum was provided to clarify salient topics and issues on
promoting Human Rights in the Police Service.
Yes! We can eradicate violations of Human Rights in our noble
organization, lets just do our share in this endeavor and practice it with best
humility and commitment to attain undying support from our clientele in order to
achieve the quality police service that we ever dream.